Union Sues County Over Use of Temp Employees

Ventura County’s largest labor union has filed a lawsuit accusing the county of using temporary employees to fill jobs that should be full-time civil service positions, which the union maintains is a violation of state law.

Officials of Service Employees International Union Local 998 allege that the county has paid hundreds of thousands of dollars to temporary employment agencies in the past year for services including clerical, maintenance and landscaping duties. According to the California government code, such positions must be filled by civil service employees unless the job is of a technical, professional or temporary nature.

“The work being performed by employees under those contracts is work that should be done under county employees,” said Barry Hammitt, executive director of the union, which filed the lawsuit Dec. 1. “It’s the board’s responsibility to decide on the service level they want. But once they do, that service has to be provided by civil service employees.”

Supervisor Frank Schillo, however, fired back that Hammitt was grandstanding in an attempt to beef up his union’s numbers. The county, he said, has the right to use temporary employees for some jobs. He said he was unaware of any temp service being used to avoid hiring permanent employees.

“I don’t know what the problem is,” Schillo said. “Why can’t we hire a temporary person to do a temporary job? I’m sure he’d like to have as many employees as possible to belong to his union. But he’s fishing here. That’s what it sounds like to me.”

Hammitt countered that the county is abusing its use of temporary agencies. Many of those duties, he said, could be handled by people working in full-time positions who earn benefits.

The biggest abuser, Hammitt said, is the county’s Health Care Agency. Ventura County Medical Center paid $257,000 to Kelly Cleaning & Supplies for janitorial services, he said.

Other county departments have also hired several temporary agencies for various services, Hammitt said. He cited a total of $650,000 in payments to Volt Services, $40,000 to Apple One and a $50,000 check to APEX for carpet cleaning, repair and installation.

“I don’t think you can allege the cleaning of a carpet is so technical that you can’t find a civil service employee to do it,” Hammitt said.

Attorney Noel Klebaum, litigation supervisor for the county, defended the use of temporary agencies, calling them necessary to perform day-to-day business. He said such employees are used to fill gaps left by staffers who are ill, vacationing or on leave. Other temps are needed for short-term jobs, such as carpet installation, or to fill positions while managers search for permanent employees.

“The fact that we have contracts doesn’t mean there are any violations,” Klebaum said. “As with any large business organization, temporary employees are regularly needed.”

County officials called complaints by the union local vague and said if the union wants action, it needs to do a better job of spelling out its exact grievance.

“I want something more than he ‘suspects this’ and ‘suspects that,’ ” Schillo said. “I want some detailed information. Otherwise, I don’t know what he’s talking about.”

Supervisor Kathy Long said she learned of the suit earlier this week and said she will review Hammitt’s arguments to see whether they carry any weight. If so, she added, it’s up to the county to make corrections to its staffing policies.

“We have to abide by civil service laws,” Long said. “If we have a violation, then we should make a change and operate under those guidelines.”